Court Rulings
New Jersey Appellate Division Reverses Trial Court’s Dismissal with Prejudice of Lawsuit Due to Failure to Answer Interrogatories
Plaintiff Alexa Rivera, on her on behalf and on behalf of her minor children, filed a lawsuit due to injuries they suffered in an automobile accident in 2018 when her disabled vehicle was struck by a Mack truck owned by defendant Campbell’s Auto Express (“Campbell’s”). She filed a lawsuit, suing the driver, Donald Ayusa and […]
Appellate Division Issues Ruling Explaining Distinction Between Motions for Reconsideration of an Interlocutory Order Versus a Final Order
In the published Appellate Division decision of Lawson v. Dewar, 2021 N.J. Super. LEXIS 69 (App. Div. May 27, 2021), the Court addressed the “commonly misunderstood distinctions” between motions seeking reconsideration of final orders and motions seeking reconsideration of interlocutory orders. This case concerns a complaint by the plaintiff Alfred Lawson against the Borough of […]
New Jersey Appellate Division Upholds Dismissal Of Civil Complaint, Dismissed Four Years Earlier Due To Lack Of Prosecution
Plaintiff Maria Santiago was involved in a car crash in Paterson, New Jersey on June 27, 2013 with a car driven by Defendant Castillo-Almonte and owned by Defendant Cepeda. She timely filed a personal injury lawsuit, suing both the driver and the owner of the vehicle involved in the collision, and was able to serve […]
Snow Removal Contractor Found Not To Have Violated Contract For Failure To Add Owner Of Property To Its Liability Policy
The plaintiff, Donna Michel was walking across the parking lot of the Wayne Towne Center when she was struck by a car operated by Sharon Langel. At the time of the accident, piles of snow on medians at the end of the rows of the parking spaces in the parking lot allegedly impeded Langel’s visibility […]
Questions Of Proper Speed And Control Of A Vehicle Found To Be Question Of Fact In Auto Accident Case, Precluding Order For Summary Judgment
The plaintiff Alma Miley was involved in an automobile accident with the defendant Andrew Friel. It occurred at an intersection in which plaintiff’s direction of travel was controlled by a stop sign but defendant’s direction of travel was not. The issue in Miley v. Friel, 2020 N.J. Super. Unpub. LEXIS 57 (App. Div. January 9, […]
Court Applies Mode of Operation Rule to Injury in Supermarket Caused by Water on Floor Due to Melted Snow from Shopping Cart
Plaintiff Mindy Klarman was at Pathmark’s Lake Hopatcong supermarket on January 31, 2011 when she fell. She slipped on a puddle of water near the checkout, which came from snow off of the bottom of shopping carts, which had been brought into the store. In Klarman v. Pathmark Supermarket, 2018 N.J. Super. Unpub. LEXIS 2808 […]
Appellate Division Approves Suit By Comp Carrier Against Third Party Tortfeasor Even Where Injured Worker Had A Verbal Threshold Policy
Automobile insurance carriers should expect an uptick in workers’ compensation carrier subrogation claims for medical expenses and temporary disability benefits, regardless of whether the injured worker was subject to the verbal threshold in his/her personal automobile policy based upon the recent published Appellate Division decision in New Jersey Transit Corporation v. Sandra Sanchez, A-0761-17T3 (App. […]
Appellate Division Reverses Order Denying Motion to Dismiss NJCRA Claims against New Jersey DEP Employees on the Basis of Qualified Immunity
By: Benjamin H. Zieman, Esq. Edited by: Betsy G. Ramos, Esq. In the recent precedential opinion of Radiation Data, Inc. v. N.J. Dep’t of Envtl. Prot., 2018 N.J. Super. LEXIS 149 (App. Div. Nov. 2, 2018), the Appellate Division highlighted the importance of resolving a public employee’s assertion of qualified immunity on a motion to […]
Court Finds Insurance Company Properly Cancelled Policy of Insurance for Non-Payment of Premiums
Selective Insurance Company (“Selective”) was sued by the plaintiffs Car Craft Auto Corp. and the Estate of Jesus Santiago t/a Car Craft Auto due to Selective’s cancellation of Jesus Santiago’s (“Santiago”) commercial insurance policy. Santiago had been insured from February 19, 2011 through February 19, 2012. Selective prepared and sent to Santiago an invoice for […]
Court Refuses to Apply Relation Back Rule to Permit Amended Pleading Filed Beyond Statute of Limitations
Plaintiff Michael Martin was employed by Gary F. Gardner, Inc. to perform inspections and correct punch list items at an assisted living facility that was under construction. He filed suit against Gary F. Gardner and “John Doe’s (1-4)” just prior to the expiration of the statute of limitations. In Martin v. Conifer-LeChase Construction, LLC, 2017 […]
Betsy G. Ramos
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